You can file writ petition in hc
Regarding car parking
2012 I bought a flat along with car parking clearly mentioned in registration document without flat number and location. My agreed payment was done through bank without any dues. Builder has some part payment issues with other buyers and not resolved till date. He is not allotted the parking to any one due to that issue has he always quote. I'm fed-up with his answers and need a legal advice. I have not even issued occupation certificate and NOC from municipality. I got NOC from municipality after paying some fine to get a approval since the builder deviated from approved plan. Pls advice.
Asked 6 years ago in Property Law
Religion: Christian
10 Answers
Other buyers not paying pending amount to builder and they are showing some issues in construction. They are fighting each other and I'm struggling. Flat committee also not yet registered. Not paid buyers who are staying are not allowing me to park my car since I'm not staying there and my brother is staying. Unpaid buyers become and creating their own rules and are having majority.
Asked 6 years ago
File complaint against builder before consumer forum and seek orders to direct builder to obtain occupation certificate, to form cooperative housing society , to execute conveyance in favour of society
File suit seek injunction restraining other flat owners from disturbing your possession of car parking slot and from parking your car in the slot sold to you by builder
1. You firstly serve a lawyer's notice to the builder to seek allotment of car parking immediately to you.
2. If he still does not allot then a complaint case can be filed in the consumer forum to seek allotment with compensation and cost of litigation as it is deficiency in service.
File a consumer complaint against builder for.car parking allotment for OC and To recover the amount for NOC you paid . Also seek compensation for mental agony and litigation charges.
Your brother can park car if they intimidate or threaten brother can file a police complaint for intimidation against them.
Your brother can park car if they intimidate or threaten brother can file a police complaint for intimidation against them.
issue a legal notice to builder through an advocate and file a complaint in district consumer forum.
You may have to issue a legal notice to the builder mentioning all these lacunae and the drawbacks due to which you suffered losses fiscally as well as physically and demand the allotment of car parking space immediately as well s compensation for the losses you suffered.
After there is no response from the builder you may drag him to the consumer forum for releif and remedy including compensation for deficiency in service.
The problem between other members and the builder should not affect you in any manner.
You may have to demand car parking space from the builder since you are the buyer of the flat and you are entitled to a car parking space.
The other members who do not allow your brother to park his care are to be warned by a legal notice and failing to respond to this notice and if they continue to stop him from using the car parking space, you may lodge a complaint with the local police against the person who is creating this nuisance and problem which will bring some solution.
- When it has been mentioned in the agreement about the allotment of the car parking then you have the right to get the same.
- No where mention in the agreement that it will be delayed due to the fault of others.
- And all of them having been allotted on paper a car parking without the flat no. Etc.
- So you should serve a legal notice to the builder allot the same otherwise you will have to seek the legal remedy by filing a suit for performance of the agreement against builder and injunction application against all others who have been stopping you to park the car.
